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(영문) 대전지방법원 천안지원 2014.07.22 2014고단668
특수절도등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Criminal facts

1. Around 20:00 on January 10, 2014, the Defendant conspiredd with the Victim G, who was set up on the road in front of Asan City, D, E, and F, to steals HT110 MTW owned by the Defendant.

D, E, and F reported the network, and the Defendant was able to get the key to the sub-definite, which D had previously possessed, and drive the sub-definite, with driving it on the sub-definite.

Accordingly, the Defendant, together with D, E, and F, stolen the above Obama owned by the victim of the market value of KRW 700,000.

2. Violation of the Road Traffic Act (free License) driving of the Defendant at the above time and place without obtaining a motorcycle driver’s license, driving from 1613 to scoph from 1613rd road to scopic elementary school, as the above scopic amba, and driving of the scopba at approximately 21.1km from the above scopic amba-ro to the 184-18 ambari-ro,

Summary of Evidence

1. Statement by the defendant in court;

1. Examination of suspect suspect regarding D by the prosecution;

1. Each police suspect interrogation protocol concerning E and F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant provisions of Article 331 (2) and (1) of the Criminal Act (the point of concurrent larceny), Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act concerning the punishment of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse;

1. Basic area of sentencing for special larceny (decision of types of larceny) (decision of recommending area): Imprisonment with prison labor for six months to one year and six months (general person): Where considerable damage has been recovered, serious factors of aggravation of reflectivity: In cases where two or more persons are combined;

2. The crime is committed during the period of the same suspended sentence, or the suspended sentence is revoked due to the instant crime, and the sentence of eight months is currently being executed, the theft damage is recovered, and the crime is seriously against it.

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